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HomeMy WebLinkAboutagenda08-16-12AGENDA KAUAI LIQUOR CONTROL COMMISSION THURSDAY, AUGUST 16, 2012, 4 :00 P.M. LIHUE CIVIC CENTER, MO'IKEHA BUILDING MEETING ROOM #3 4444 RICE STREET LIHUE, KAUAI, HAWAII CALL TO ORDER. ROLL CALL. APPROVAL OF AGENDA. 1. DIRECTOR'S REPORT: (a) INVESTIGATORS' REPORTS. (b) INCOMING COMMUNICATIONS: (1) From Sweepstakes Consulting, LLC, Re: Perezhilton.com and Svedka Twitter Sweepstakes. (2) From Arrowhead Promotion & Fulfillment Co., Re: Moet & Chandon Ultimate Tennis Sweepstakes and Bacardi Pinterest Sweepstakes. (3) Disturbance Reports from Kauai Island Brewing Company and Marriott's Waiohai Beach Club. (c) OUTGOING COMMUNICATIONS: (1) Notice of Hearing to Pono Market, Sheraton Kauai Resort and Tortilla Republic Grill & Margarita Bar. (2) To All Wholesale Licensees, Re: Change from Dispenser to Restaurant License and Change of Firm Name. (3) To Tiano's Restaurant & Bar Inc., Re: Renewal of License. (d) EMPLOYEES IN LICENSED PREMISES: Managers and Assistant Managers — See attachment. 1 AGENDA August 16, 2012 (e) ACTIONS OF THE DIRECTOR: (1) BACKYARDS BAR & GRILL: Approval of special request for temporary increase of premises to include the frontage space, per diagram submitted, from 8 :00 p.m. on August 4, 2012 to 2 :00 a.m. on August 5, 2012. (2) KOA TRADING CO.: Approval of special request to conduct liquor sampling, per list and diagram submitted, at its annual Food Show in the Kauai Beach Resort Jasmine Ballroom on September 10, 2012 from 1 :00 p.m. to 5 :00 p.m. (3) KAUAI BEACH RESORT: Approval of special request for temporary decrease of premises by excluding the Jasmine Ballroom on September 10, 2012 from 6 :00 a.m. to 6 :00 p.m. and allow Koa Trading Co. to conduct liquor sampling at its annual Food Show in the Jasmine Ballroom from 1 :00 p.m. to 5 :00 p.m., per diagram submitted. (4) TREES LOUNGE: Approval of special request for temporary increase of premises to include the grass area fronting the restaurant, per diagram submitted, from 5 :00 p.m. on August 4, 2012 to 2 :00 a.m. on August 5, 2012. (5) THE WINE SHOP: Approval of special request to conduct sampling of 4 varieties of wine, per list, on August 4, 2012 from 2 :00 p.m. to 8 :00 p.m. and as provided for by Rule 2.13(e), exception to sample serving size of no more than U/4 ounces of each variety of wine equaling 5 ounces in total per customer is approved. (6) WESTIN PRINCEVILLE OCEAN RESORT VILLAS: Approval of Application No. 2013-18 filed on July 30, 2012 by Western Host, Inc. dba Westin Princeville Ocean Resort Villas for a Special General license on August 26, 2012 at the Makai Golf Club at the St. Regis Princeville Resort, 4080 Lei O Papa Road, Princeville, Kauai, Hawaii. (7) MAKAI GOLF CLUB AT THE ST. REGIS PRINCEVILLE RESORT: Temporary decrease of premises on August 26, 2012 from 8 :00 a.m. to 2 :00 p.m. (8) NATIONAL TROPICAL BOTANICAL GARDEN: Approval of Application No. Free 2013-08 filed on July 30, 2012 by the National Tropical Botanical Garden for a Free One-Day Special Dispenser Beer & Wine license on August 25, 2012 at the National Tropical Botanical Garden's McBryde Garden Orchard Field, 3530 Papalina Road, Kalaheo, Kauai, Hawaii. 2 AGENDA August 16, 2012 (e) ACTIONS OF THE DIRECTOR: (Cont'd.) (9) KAUAI HIGH SCHOOL ALUMNI FOUNDATION: Approval of Application No. Free 2013-09 filed on August 6, 2012 by the Kauai High School Alumni Foundation for a Free One-Day Special Dispenser General license on August 25, 2012 at the Kauai War Memorial Convention Hall, 4191 Hardy Street, Lihue, Kauai, Hawaii. (10) HOLLAND AMERICA LINE N.V.: Approval of Application Nos. 2013-19 through 2013-22 filed on July 30, 2012 by Holland America Line N.V. for Transient Vessel licenses on October 1, November 3, November 24 and December 16, 2012 aboard the MS Zaandam while docked at Nawiliwili Harbor, Kauai, Hawaii. (f) INFORMATIONAL MATTERS. 2. SPECIAL REQUEST: BACKYARDS BAR & GRILL: Permanent increase of premises to include the frontal space of approximately 325 square feet, per diagram submitted. 3. VIOLATION REPORTS: (a) BIG SAVE HANALEI: Violation of Rule 3.1(a), Posting of license. (b) WHALERS GENERAL STORE (Anahola): Violation of Rule 3.1(a), Posting of license. (c) CASABLANCA AT KIAHUNA: • Count 1. Violation of Rule 4.7(a)(1), Gross liquor sales report, percentage fee, and records. • Count 2. Violation of Rule 7.9(d), Manager registration. (d) PORTOFINO RESTAURANT: • Count 1. Violation of Rule 4.7(a)(1), Gross liquor sales report, percentage fee, and records. • Count 2. Violation of Rule 7.9(d), Manager registration. (e) SHIVALIK INDIAN CUISINE: Violation of Rule 7.9(d), Manager registration. (f) TAHITI NUI ENTERPRISES, INC.: -Count 1. Violation of Rule 4.7(a)(1), Gross liquor sales report, percentage fee, and records. • Count 2. Violation of Rule 7.9(d), Manager registration. (g) TIANO'S RESTAURANT & BAR INC.: • Count 1. Violation of Rule 4.7(a)(1), Gross liquor sales report, percentage fee, and records. • Count 2. Violation of Rule 7.9(d), Manager registration. (h) WAIMEA SHELL: Violation of Rule 10.3(b), Manager registration. 3 AGENDA August 16, 2012 4. SALE OF LIQUOR INVENTORY: PARADISE BEVERAGES, INC.: Request to purchase the wine and spirits inventory from JMD Beverages and move it to 1741 Haleukana Street, Puhi, where it will be marketed under JMD Beverages, a division of Paradise Beverages, Inc., effective September 1, 2012. 5. EXTENSION IN TIME TO EXERCISE LICENSE: THE HANALEI FISH MARKET & SUSHI LOUNGE: Request for extension until October 1, 2012 to exercise Restaurant General license which was approved on February 16, 2012. 6. TEMPORARY LICENSES: (a) BULLSHED RESTAURANT & BAR: Application No. 2013-24 was filed on August 10, 2012 by Castle Resorts & Hotels, Inc. dba Bullshed Restaurant & Bar for a Temporary license to operate Restaurant General License No. 2G-033 (no live entertainment and no dancing), pending approval of Transfer Application No. 2013-23. Deposited $60. (b) MOKIHANA SHOPPE: Application No. 2013-26 was filed on August 10, 2012 by Castle Resorts & Hotels, Inc. dba Mokihana Shoppe for a Temporary license to operate Retail Dealer General License No. 4G-041, pending approval of Transfer Application No. 2013-25. Deposited $60. ADJOURNMENT. EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ( "H.R.S. ") §92-7(a), the Commission may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to H.R.S. §92-4 and shall be limited to those items described in H.R.S. §92-5(a). NOTE: Special accommodations for persons with disabilities are available upon request five (5) days prior to the meeting date to the Department of Liquor Control, Lihue Civic Center, Mo'ikeha Building, 4444 Rice Street, Lihue, Kauai, Hawaii 96766. Telephone: 241-4966. 4